INTERLOCAL AGREEMENT REGARDING RECLAIMED WATER SERVICE INTERLOCAL AGREEMENT REGARDING RECLAIMED WATER
SERVICE BETWEEN THE TOWN OF BELLEAIR, FLORIDA, AND
THE CITY OF CLEARWATER, FLORIDA
THIS AGREEMENT,made and entered into this
---, 2010.
by and between the Town of Belleair, Florida, a Florida Municipal Corporation,by and through its
Town Commission (herein. -BELLEAIR-) and the City of Clearwater, Florida, a Florida
Municipal Corporation, by and through its City Council (herein, -CLEAf-1,WATER-).
WITNESSETH:
WHEREAS, it is in the best interest of the citizens of BELLEAIR to be provided
reclaimed water service whenever and wherever feasible, and
WHEREAS.pursuant to Florida Statutes Chapters 166. the Municipal Home Rule Powers
Act. and 180, Municipal public Works. CLEARWATER has the power and the present capability
to provide such reclaimed water service in BELLEAIR', and
WHEREAS, the extension of reclaimed water lines in BELLEAIR will contribute to the
general health, safety, and welfare of the citizens of BELLEAIR and CLEARWATER. and
WHEREAS, BELLE-AIR and CLEARWATER wish to set forth their agreement with
respect to the provision of such reclaimed water service to those areas within the corporate limits
of BELLEAIR, pursuant to the provisions of the Florida [nterlocal Cooperation Act of 1969.
Chapter 16-3), Part I., Florida Statutes, as amended;
NOW, THEREFORE. the parties,upon consideration expressed herein, agree as folloxNs:
SECTIOiV 1. LNITER L OCA L A GREEUE'lY 7'
The parties acknowledge that CLEAR WATER has the legal authority pursuant to the
Florida Statutes to provide reclaimed water service, and further. that BELLEAIR, upon
appropriate exercise of its powers could also provide such service through an interlocal agreement
with Pinellas County. BELLEAIR and CLEARWATER have determined it is in the best interest
of both pat-ties and their citizens for CLEARWATER to provide reclaimed water in areas within
the corporate hi-nits of BELLEAIR as defined herein, where reclaimed water is not available, This
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Interlocal Agreement is entered into pursuant to the general authority ref f Florida Statutes Section
163-01 (2010).
SECTION 2. RECITALS
The recitals and findings contained above are true and correct and are hereby incorporated
within this Interlocal Agreement in full.
SECTION 3. TERMGRANP DEFINITION OF RECLAIMED WA TER.
For a period of thirty (30) years from the effective date of this Interlocal Agreement.,
BELLEAIR, its Successors, and assigns, does hereby give and grant to CLEARWATER, its
successors, and assigns, the non-exclusive right, privilege and authority to exercise the power to,
and to furnish reclaimed water and to construct. operate, and maintain within the corporate limits
of BELLEAIR, as such limits may be expanded, all facilities required by CLEARWATER to
supply reclaimed water to BIMLEAIR,its inhabitants and the places of business located within the
corporate limits of BELLEAIR, as such limits may be expanded, and other customers and areas
now or hereafter supplied, or to be supplied, reclaimed water by CLIEARWATER. BELLEAIR
grants CLEARWATER the right to use BELLEAIR's rights-of-way and utility easements in order
to construct, operate, and maintain said reclaimed water system. The exercise of this authority by
CLEARWATER shall be consistent with the terms and conditions of the Resolution attached
hereto as Exhibit "A" which is incorporated herein by reference. This Interlocal Agreement may
be extended for subsequent renewal terms of thirty (30) years each upon agreement of the parties
in accordance with all statutory provisions in effect at the time.
The term "Reclaimed Water" shall mean highly treated wastewater which is distributed in
pipes.
SECTION 4. PARTIES'OBLIGATIONS. Throughout the term of this Agreement
CLEAR WATE R shall provide services to BELLEAIR necessary to complete reclaimed kvater I i ne
extension and construction in locations determined and designated by mutual agreement of the
parties, including hiring and coordinating all contractors for projects, securing all necessary
permits, and providing for all necessary engineering and design work. Projects shall be selected
for implementation using Ct,EARWA'I'ER*s reclaimed water program rules in effect at the time
and according to project feasibility, and shall be subject to approval frorn BELLEAIR's Tw.wn
Manager after letter of request by CLEARWATER, CLEARWATER shall apply to BELLEAIR
for any necessary right-of�vay permits or easements which shall be processed at no charge to
CLEARWATER- CLEARWATER shall be responsible for obtaining and maintaining all
necessary federal, state, and local permits and approvals, and shall bear the costs of project
construction. Following completion and activation of any reclaimed water line extensions.
CLEARWATER shall be responsible for all continuing maintenance and repairs necessary to keep
such lines fully functional. CLEARWATER shall bill customers and receive payment for
availability and service per the terms of and in an amount equivalent to the amount chargeable per
val
the City of Clearwater Code of Ordinances Chapter 32, Article IX and Appendix A., Section
XXV(1)(d). (3)(a,)4., and (3)(t)
as amended frorn tirric to time. If required by CLEARWATER as
a condition to any future extension of reclaimed water lines, BELLEAIR agrees to adopt and
maintain in effect an Ordinance requiring that property owners in an area of proximity or
adjacency to reclaimed water lines be required to pay an availability charge and/or fees for the
service, as agreed to by the parties.
SECTIO!V 5. INDEUNIFICAT10N. CLEARWA"I-ER shall indemnify and hold
BELLEAIR harmless from and against all liability, claims, demands, attorney fees (both at trial
and on appeal), judgments and costs relating to personal injuries, including death, and property
damage arising from CLI17"ARWATER's acts and omissions in the performance of
CLEARWATER's obligations under this Agreement.
SECTION 6, NOTICES. Notice by either party to the other pursuant to this
Agreement shall be given in writing and hand-delivered or mailed as follows:
If to BELLEAIR:
Micah N-taxwell, Town Manager
Town oil'Belleair
901 Ponce de Leon Boulevard
Belteair, Florida 33756
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If to CLEARWATER:
William B. Home 11, City Manager
City oaf f Clearwater
112 S. Osceola Avenue
Clearwater, Florida 33756
Notices shall be effective upon receipt.
SECTIO.V 7. CO3NFLICT.
All ordinances and parts of ordinances of CLEARWATER or BE[-LEAIR in conflict
herewith shall be amended or repealed by the parties as required to remove Such conflict.
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SECTI&V 8. SEVERABILITY.
If any section, subsection, sentence. clause or phrase of this Agreement is for any reason
held illegal, invalid or unconstitutional by the decision of any court or regulatory body of
competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof.
SECT102V 9. TERiVSA,'VD COADITIOAS
All terms and conditions as set forth in BELLEAIR Resolution No. 2010-29 a copy of said
resolution being attached hereto as Exhibit '"A" and as acknowledged and received by
CLEARWATER Resolution o. 10-17, acopy of said Resolution being attached hereto as Exhibit
"B", are incorporated herein by reference as if fully set forth herein.
SECTIOAT 10. A VF-iYDjVEA'TS-
This Agreement may be amended in writing by consent of the Parties hereto.
SECTIOA111. NOjV-A PPR OPRIA TION
The obligations of the Parties hereto as to any funding required pursuant to this Agreement
shall be limited to an obligation in any given year to budget and appropriate from legally available
funds, after monies for essential services have been budgeted and appropriated, sufficient monies
for the funding that is required during that year, Notwithstanding the foregoing, the Parties shall
not be prohibited from pledging any legally available non-ad valorem revenues for any obligations
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heretofore or hereafter incurred, which pledge shall be prior and superior to any obligation of the
Parties pursuant to this Agreement.
SECTIO.N1 12. EFFECT E DA TLS'.
As required by Florida Statutes Section 163.01(11) (2010), this Interlocal Agreement shall
be filed with the Clerk of the Circuit Court of Pinellas County. after approval and execution by the
parties, and shall take effect upon the date of filing,
IN WITNESS WHEREOF, BELLEAM and CLEARWA11R, the par-ties hereto, haN e
executed this Agreement on the day ands ear above written.
TOWN OF BELLEAIR
By: ATTEST:
arN.
H,, Ica Donna Carlen
J,own May r-Conn tissioner 'Town Clerk
Countersigned-I CITY OF CLEARWATER
I ran YJ11bbard am B- Home 11
Mayor-C ounci I member City Manager
Approved as to form: ATTEST:
Les ie K. Dou-a-all- ides
cyn ia 1-�E. Goudeau
ii� '
Assistant City Attome C't' 'lerlerk
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RESOLUTION NO. 2010-29
A RESOLUTION OF THE TOWN OF BELLEAIR, FLORIDA,
AUTHORIZING AN INITERLOCAL AGREEMENT TO THE
CITY OF CLEARWATER, FLORIDA FOR THE PURPOSE OF
FURNISHING RECLAIMED WATER SERVICES WITHIN
THE CORPORATE LIMITS OF THE TOWN OF BELLEAIR;
MAKING FINDINGS AND RECITALS; PROVIDING FOR
TERM AND GRANT OF AUTHORITY; PROVIDING FOR
DEFINITION OF "RECLAIMED WATER"; PROVIDING FOR
RATES; PROVIDING FOR NON-COMPETITION;
PROVIDING FOR REPEAL OF CONFLLICTIN+G
RESOLUTIONS; PROVIDING FOR SEVERABILITY;
PROVIDING TERMS AND CONDITIONS; AND PROVIDING
FOR AN EFFECTIVE DATE.
and WHEREAS, Belleair Country Club wishes to use reclaimed water for its golf course;
WHEREAS, Belleair Country Club has requested reclaimed water service from the City
of Clearwater, as it is not available through the Town of Belleair or from Pinellas County; and
WHEREAS, the City of Clearwater wishes to provide this reclaimed water service to the
golf course; and
WHEREAS, the reclaimed water main would pass by the Willadel Drive residential
neighborhood to reach the ,golf course; and
WHEREAS, the resident homeowners on Willadel Drive along the pipeline route have
requested to be supplied with reclaimed water, as it is not available through the Town of Belleair,
and have agreed to pay the cost of extending the line to their neighborhood; and
WHEREAS, the City of Clearwater wishes to provide this reclaimed water service to the
residents along the pipeline route; and
WHEREAS, Chapter 180, Florida Statutes provides that the City of Clearwater has the
power and the present capability to provide such reclaimed water service in the Town of
Belleair; and
WHEREAS, the Town of Belleair wishes to set forth the grants and agreements with
respect to the provision of such reclaimed water service by the City of Clearwater to those areas
within the corporate limits of the Towns of Belleair, pursuant to the provisions of the Florida
lnterlocal Cooperation Act of 1969, as amended; and
WHEREAS, the Town of Belleair wishes to provide for future situations wherein
reclaimed is not available in the Town of Belleair, but could feasibly be provided by the City of
Clearwater; and
WHEREAS, it is in the best interest of the citizens of Belleair to be provided reclaimed
water service whenever and wherever feasible,
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COMMISSION OF
THE TOWN OF BELLEAIR, FLORIDA AS FOLLOWS:
Section L. InterloEal Agreement. The parties acknowledge that CLEARWATER
has the legal authority pursuant to the Florida Statutes to provide reclaimed water service, and
further, that BELLEAIR, upon appropriate exercise of its powers could also provide such service
through and interlocal agreement with Pinellas County, BELLEAIR and CLEARWATER have
determined it is in the best interest of both parties and their citizens for CLEARWATER to
provide reclaimed water in areas within the corporate limits of BELLEAIR, where feasible, and
where reclaimed water is not available.
Section 2. Recitals. The recitals and findings contained above are true and correct
and are hereby incorporated within this agreement in full.
Section 3. Term, Grant: Definition of ReelaiMed Water. For the initial thirty (30)
year period of the Interlocal Agreement between CLEARWATER and BELLEAIR, and any
extended term by agreement of the parties in accordance with all statutory provisions in effect at
the time, BELLEAIR, its successors, and assigns, does hereby give and grant to
CLEARWATER, it successors, and assigns, the non-exclusive right, privilege and authority to
exercise the power to, and to furnish reclaimed water and to construct, operate, and maintain
within the corporate limits of BELLEAIR, as such limits may be expanded, all facilities required
by CLEARWATER to supply BELLEAIR, it inhabitants and the places of business located
within the corporate limits of BELLEAIR, as such limits may be expanded, and other customers
and areas now or hereafter supplied, or to be supplied, reclaimed water by CLEARWATER.
BELLEAIR grants CLEARWATER the right to use BELLEAIR's rights-of-way and utility
easements in order to construct, operate, and maintain said reclaimed water system, The exercise
of this authority by CLEARWATER shall be consistent with the terms and conditions of this
resolution.
The term"Reclaimed Water" shall mean highly treated water which is distributed in pipes.
Section 4. Rates. The rates, charges and fees to be charged by CLEARWATER for
reclaimed water service within the corporate limits of BELLEAIR during the term of this
resolution shall be as provided in CLEARWATER's standard, system-wide rate schedule now or
hereafter approved by CLEARWATER's City Council.
Section 5. Competition. CLEARWATER will not compete with Pinellas County, or
any other entity BELLEAIR chooses to provide the bulk of the reclaimed water services to its
citizens and businesses.
Section 6. Conflict. All resolutions and parts of resolutions in conflict with the
provisions of this resolution be and the same are hereby repealed..
Section 7. Severability. If any section, subsection, sentence, clause or phrase of this
resolution is for any reason held illegal, invalid or unconstitutional by the decision of any court
or regulatory body of competent jurisdiction, such decision shall not affect the validity of the
remaining portions hereof.
Section 8. Terms and Conditions. All terms and conditions as set forth in the
Interlocal Agreement between CLEARWATER and BELLEAIR, a copy of said Agreement
being attached hereto as Exhibit "A", and to be acknowledged and received by proposed
CLEARWATER Resolution No, 10-17, are incorporated herein by reference as if fully set forth
herein.
Section 9. Effective Date. This resolution shall become effective upon adoption and
upon the acceptance of this resolution by appropriate act by CLEARWATER's City Council
after adoption by BELLEAIR's Town Commission.
PASSED AND ADOPTED this 20"'H day of JULY, 2010.
MayoEf���
ATTEST:
Town Clerk
Day Of
GuILVvied A True Copy 701S
TOVO4 M-FRK'
RESOLUTION NO, 10-17
A RESOLUTION OF THE CITY OFC . FLORIDA,
ACCEPTING THE PRIVILEGE AND CONCESSION OF THE
T{JVVN OF BELLEA|R^ FLORIDA, FOR THE PURPOSE OF
FURNISHING RECLAIMED WATER WITHIN THE TOWN OF
BELLEA|R AND TO ITS |NHA0TANTS� PROVIDING AN
EFFECTIVE DATE,
WHEREAS, a new reclaimed water system |ntedocal agreement has been made and
codified bmthe adoption VfOrdinance No. 2O1O'29mf the Town ofE}e||eairon July 2O' 2O1O. a
copy of which is attached to this resolution and incorporated herein by reharencei and
WHEREAS, the terms and conditions of the reclaimed water system franchise are
acceptable. now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CLEARVVATER. FLOR|DA:
Section The terms and conditions Uf the reclaimed water system franchise, privilege
and concession granted by the Town of Bei)eair. Florida, by the adoption of Ordinance No,
2010-29 of the Town of Be[leair, are hereby accepted, and the City Council of the City of
Clearwater does hereby agree to comply with the terms and conditions of the franchise and with
ay[ reasonable ordinances adopted by the Town Commission of the Town ofBe|leairnot
Inconsistent with the franchise,
Section 2. This resolution shall take effect Immediately upon adoption. Upon adoption of
this resolution, the Public Utilities Director shall deliver a certified copy to the Town Clerk of the
Town ofBell8oir
PASSED AND /\[}(]PTED this 5LL day of Ali 2010
F'r*nkHibbard
Appfoved as to form� Attest
erk
City Attorney
'Ms 11311d
AT